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(영문) 수원지방법원 평택지원 2013.05.31 2013고단66
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2013, the Defendant, without obtaining a driver's license at around 23:30 on January 6, 2013, driving a B-to-purd vehicle from the front of the 'Song Military Corporation' located in Pyeongtaek-si, to the front of the 'Yong-ri' area located in Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. On June 25, 2010, the Defendant of the reason for sentencing under Article 62-2 of the Criminal Act: (a) in addition to the issuance of a summary order of a fine of KRW 6 million by the court due to a violation of the Road Traffic Act (unlicensed driving), the Defendant selected a sentence of imprisonment on the grounds that the Defendant committed the instant crime even though he had the record of having been punished twice the previous violation of the Road Traffic Act; (b) however, in consideration of various sentencing conditions, such as the fact that the Defendant is recognized as a criminal act and is against the obligation of the Defendant, the Defendant shall be sentenced to a suspended sentence,

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